Torts Flashcards
Attractive Nuisance Doctrine
(a) the place where the condition exists is one upon which the possessor knows or has reason to know that children are likely to trespass, and
(b) the condition is one of which the possessor knows or has reason to know and which he realizes or should realize will involve an unreasonable risk of death or serious bodily harm to such children, and
(c) the children because of their youth do not discover the condition or realize the risk involved in intermeddling with it or in coming within the area made dangerous by it, and
(d) the utility to the possessor of maintaining the condition and the burden of eliminating the danger are slight as compared with the risk to children involved, and
(e) the possessor fails to exercise reasonable care to eliminate the danger or otherwise to protect the children.
Landlord Duty to Keep Tenants Safe
modern courts have found that landlords, including landlords like University, have a duty to take reasonable precautions to protect tenants against foreseeable attacks
Duty when rendering aid
However, when an actor “takes charge of another who is helpless adequately to aid or protect himself,” he is subject to liability to the other for bodily harm caused by
a) “the failure of the actor to exercise reasonable care to secure the safety of the other while within the actor’s charge, or
b) the actor’s discontinuing aid or protection, if by doing so he leaves the other in a worse position than when the actor took charge of him.”
Physiatrist Duty to Warn
Many courts have also followed Tarasoff in permitting recovery either (1) when the therapist believed that the patient posed a real risk to the specified victim or (2) when the therapist negligently failed to take the threat seriously.
Courts and legislatures in other states have also generally confined the Tarasoff duty to intended victims who are readily ascertainable and subject to a serious threat of physical violence.
